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2.8 - Coggle Diagram

- - - - Criminal action is pursued by the State against the infringer
      - Remedies
        
        imprisonment and fines
    - - IP infringement is generally considered to be a civil wrong and the IP owner will need to consider whether to pursue a civil action.
      - monetary compensation, will be sought against the infringer
      - Other remedies such as injunction (an order which stops the infringer from continuing infringing action).
  - - - Pursuing legal action can be costly, lengthy, and outcomes can be uncertain, especially in some foreign jurisdictions
      - Litigation costs can be prohibitive, particularly for small firms.
      - Alternative Dispute Resolution (ADR)
        
        ADR can be agreed between parties contractually
        
        Mediation
        
        Arbitration
        
        Expert Determination
        
        There are significant benefits to ADR over litigation in court
        
        ADR is typically cheaper and quicker
        
        procedures are simplified
        
        the parties maintain autonomy over the process
        
        the relationship between the parties is preserved (WIPO, 2016).